DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 


Docket No. 1337-18 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
Subj: REVIEW OF NAVAL RECORD ICO 



Ref:  (a) Title 10 U.S.C. § 1552 
Encl: (1) DD Form 149 w/attachments 
      (2) CNO memo 7220 Ser Nl30C2/l 9U IO 15 of 18 Jun 19 
      (3) Subject's naval record 

1. Pursuant to the provisions of reference ( a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show reinstatement of 23 .0 days Fiscal Year 2017 lost days. 

2. The Board, consisting of                                               , reviewed Petitioner's 
allegations of error and injustice on 31 July 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitions naval records, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice, finds as follows: 

a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has merit and warrants favorable action. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action: On 1 October 2017, Petitioner had an ending leave balance of 85 .5 days going into the new fiscal year, so he lost 23 days ofleave. On 27 November 2017, Petitioner's command sent a letter to Defense Finance and Accounting Service (DF A) informing them that Petitioner's 23 days of excess leave was protected under Special Leave Accrual (SLA) due to earning in a combat zone. However, due to administrative error Petitioner lost the 23 days ofleave on 1 October 2017, the beginning of the new fiscal year bringing his leave to 62.5 days of leave. 

That Petitioner's naval record be corrected, where appropriate, to show that: 
Petitioner executed a Special Leave Accrual request for restoration of 23 days leave. The request was received by cognizant authority and approved effective 1 October 2017. Note: As a result of this change, Petitioner will be credited with the 23 days of leave that were previously lost in FY 2017. Furthermore, Petitioner is entitled to payment of 23 days Lump Sum Leave (LSL). 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any back pay. 

A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6( e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.